Bihar APO Mock Test-1

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BIHAR APO MOCK TEST-1

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1. In a suit, which relates to a railway, the authority to be named as plaintiff or defendant shall be:

a. The General Manager of the railway

b. A secretary to the central government

c. The collector of the district

d. The union of India

2. In BNS the word Illegal is applicable to which of the following?

a. which is an offence

b. Which is prohibited by law

c. Which furnishes ground for a civil action

d. To all the above

3. In which of the following cases die Supreme Court called Article 22 of the Constitution as ‘'Ugly provision of the Constitution?

a. Maneka Gandhi v. Union of India

b. Keshvananda Baharti v. State of Kerala

c. Indira Sawhney v. Union of India

d. A.K Gopalan v. State of Madras

4. Which one of the following is not correctly matched:

a. Reference to High Court — Section 436

b. High Court's Power of Revision — Section 442

c. Abatement of Appeal — Section 438

d. Appeals from conviction — Section 415

5. Which one of the following sections relates to Secondary evidence?

a. Section 55

b. Section 79

c. Section 58

d. Section 57

6. Under which section of BNSS a Magistrate can arrest a person?

a. Section 38

b. Section 40

c. Section 42

d. Section 41

7. Which of the following statements, as per provisions of Bhartiya Sakshya Adhiniyam, 2023, is not correct?

a. Facts which are inconsistent with any fact in issue, shall not be relevant

b. Facts not otherwise relevant are relevant if by themselves or in connection with other facts, they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable

c. Any fact is relevant, which shows or constitutes a motive or preparation for any fact in issue or relevant fact

d. Admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions of the BSA

8. Under BNSS which of the following is correctly matched?

a. Procedure where judges of Court of appeal are equally divided—Section 433

b. Abatement of appeals—Section 435

c. Reference to the High Court— Section 396

d. Arrest of accused in appeal from acquittal—Section 391

9. Which of the following statement is correct?

i. Evidence of character in civil cases is irrelevant.

ii. Previous conviction is relevant as evidence of bad character.

iii. Evidence of good character is relevant in criminal cases.

iv. Word character includes reputation only.

a. (i) and (iii) are correct

b. (i), (ii) and (iii) are correct

c. (ii) and (iii) are correct

d. All are correct

10. Whether evidence of non-existence of a fact-in issue may be given?

a. Yes

b. No.

c. Depends upon the wishes of party

d. Depends upon permission of court

11. The Right of Private Defence of body extends to:

a. Causing only a harm that prevents bodily injury

b. Causing harm extending to death of the assailant

c. Harm that is proportionate to the threatened injury

d. Causing such harm that enables the victim to escape from the place of incident.

12. In which one of the following cases, it is held the “Inherent powers has not been conferred on a court, it is a power inherent in a court”?

a. Rajni Bai v. Kamla Devi

b. Satyabrat Biswas v. Kalyan Kumar Kisku

c. PC. Jairath v. Amrit jairath

d. Manohar Lal v. Seth Hiralal

13. Protection in respect of conviction for offences' is the essence of which of the following Articles of the Indian Constitution?

a. Article 22

b. Article 21

c. Article 20

d. Article 19

14. In calculating fractions of terms of Punishment, the imprisonment for life is reckoned as equivalent to:

a. Imprisonment for fourteen years

b. Imprisonment for twelve years

c. Imprisonment for twenty years

d. Imprisonment for seven years

15. An act not intended to cause death, done by consent in good faith for person's benefit is a general defense under:

a. Section 26 of BNS

b. Section 34 of BNS

c. Section 14 of BNS

d. None of the above.

16. Section 3(5) of BNS provides for liability based on common intention. Consider the following situations:

1. The weapon used in the offence was found in A's house

2. A has procured the weapon of offence voluntarily to aid the criminal gang

3. A was compelled under threat to his life to procure the weapon of offence

4. The weapon was supplied on receipt of value of the weapon (sale)

Which of the situation given above reflect(s) the correct ingredients with regard to Section 3(5)?

a. 1 and 2

b. 2 and 3

c. 2 only

d. 4 only

17. Plea bargaining under Indian law implies:

a. bargain for declaration that the accused is innocent

b. bargain for dilution of the charge

c. bargain for lesser punishment or release on probation on accepting the charge

d. plea for lesser punishment and dilution of the charge

18. Which constitutional right is not a fundamental right?

a. Right to equality

b. Right to freedom

c. Right to life

d. Right to property

19. Under Bhartiya Nyaya Sanhita, 2023, an act done in exercise of the right to private defence is:

a. Not an offence and hence not punishable

b. Punishable with life imprisonment

c. Punishable with the up to ten thousand rupees

d. Punishable with fine up to five thousand rupees.

20. 'Z' under the influence of madness, attempts to kill 'A'. 'A' hits; ‘Z' with an iron-rod seriously injuring him. In this context which one of the following propositions in correct?

a. 'A' has no right of private defence since 'Z' is mad

b. 'A' has right of private defence though 'Z' is mad

c. 'A' is guilty of inflicting grievous hurt oh 'Z'

d. 'A' is guilty of inflicting simple hurt on 'Z'

21. All evidences taken in the course of trial shall be taken in the presence of the accused, except in the following circumstances.

a. A minor girl, victim of kidnapping.

b. An old person, witness of murder.

c. A minor girl, victim of rape.

d. A physically handicapped woman, victim of road accident.

22. Confessional statement of the accused in custody, when admissible: —

a. If relates to commission of crime by himself

b. If relates to commission of crime only by the co-accused,

c. Leading to discovery of a fact

d. Relates to preparation of crime

23. In which one of the following cases Lord Summer said, "they also serve who stand and wait"?

a. Mahboob Shah v. Emperor

b. Inder Singh v. Emperor

c. Barendra Kumar Ghosh v. Emperor

d. None of the above

24. The words ’Secular' and 'Socialist' were added to the Indian Constitution in 1975 by amending the-

a. Preamble

b. Directive Principles

c. Fundamental Rights

d. All of them

25. Who among the following can be arrested without warrant by any Magistrate?

a. Any person committing offences within the local jurisdiction of such Magistrate but not in his presence

b. Any person committing offences anywhere, but in the presence of such Magistrate

c. Any person within his local jurisdiction for whose arrest he is competent to issue a warrant

d. All of the above

26. The Code of Civil Procedure (Amendment) Acts, 1999 and 2002 were enacted on the recommendations of

a. Santhanam Committee

b. Malimath Committee

c. Thakkar Committee

d. None of the above

27. Which of the following cases has laid down that the name of the victim of sexual violence should not be indicated in the judgment—

a. Bhupinder Sharma v. State of H.P.

b. Tulshidas Kanolkar v. State of Goa

c. State of U.P. v. Devendra Singh

d. State of M.P. v. Balu

28. A witness, who is unable to speak, gives his evidence in writing or by signs in the open court; evidence so given shall be deemed to be:

a. Inadmissible

b. Hearsay evidence

c. Documentary evidence

d. Oral evidence

29. In BNSS a charge is framed by the Magistrate on the basis of

a. Police report

b. Statements recorded under Section 190 BNSS

c. Police report and documents sent with it

d. Documents produced by the prosecution as well as the accused

30. Which is the case of which notice to all the persons interested in a representative suit need not be given?

a. abandonment of the suit

b. withdrawal of the suit

c. recording of compromise in a suit

d. addition of new defendant in a suit

31. Which of the following statements is incorrect as per the provisions of the BSA?

a. An attested document not required by law to be attested may be proved as if it was unattested.

b. No fact of which the Court will take judicial notice need be proved.

c. Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are irrelevant.

d. The Court may presume that an accomplice is unworthy of credit, unless he is corroborated in material particulars.

32. Section 21 of BNS enunciates:

a. A presumption of fact

b. An inconclusive or rebuttable presumption of law

c. Conclusive or irrebuttable presumption of law

d. Irrebuttable presumption of fact

33. In every criminal trial, when the Magistrate finds the accused guilty, he shall pass the sentence after hearing the accused.

a. Right, without hearing the accused, no sentence can be passed

b. Wrong, it is not required in summons case

c. It is required only before sending the conviction warrant

d. Not required at all in any case

34. Which among the following writs literally means what is your authority: —

a. Certiorari

b. Habeas corpus

c. Quo warranto

d. Prohibition

35. The system of Public Interest Litigation has been introduced in India: —

a. through Constitutional Amendments

b. by judicial initiative

c. by political parties

d. by a Parliamentary Act

36. "A", a blacksmith is seized by a gang of dacoits and compelled by threat of instant death to force open the door of Z's house to enter and plunder it. While committing dacoity, one of the dacoits kills Z's son. A is guilty of:

a. Murder

b. Dacoity with murder

c. Abetment of dacoity

d. No offence

37. Balaji Raghwan v. Union of India AIR 1996 SC 770 is related with which of the following Article of the Constitution of India?

a. 25

b. 29

c. 18

d. 12

38. Notice under Section 80 of the Code of Civil Procedure is mandatory when

a. The suit is against a Co-operative Society

b. The suit is against the Government

c. The suit is against Gram Panchayat

d. The suit is against Municipal Corporation

39. Power under Section 348 of BNSS can be exercised by the Court

a. to recall any witness(es) already examined

b. to summon any witness who has been cited as a witness but not produced or examined before the evidence is closed

c. to summon any witness who has not been cited as a witness

d. all the above

40. The plea can succeed only if it is shown that the accused was so far away at the relevant time that he could not be present at the place where the crime is committed. The Supreme Court of India, in its observation, was referring to the plea of:

a. innocence

b. abetment

c. alibi

d. self-defense

41. The chapter of Plea Bargaining does not apply:

a. when the offence is punishable with Death

b. when the offence is punishable with Imprisonment for life.

c. to a Juvenile.

d. all the above

42. Which of the following set is said to be the Golden Triangle of Indian Constitution?

a. Articles 14,15 and 16

b. Articles 20,21 and 22

c. Preamble, Fundamental Right and Directive Principles

d. Articles 14,19 and 21

43. No person has fundamental right to:

a. basic education

b. practice a profession

c. form association

d. approach the High Courts for enforcement of his fundamental rights

44. The words, "Unity and integrity of the Nation" were incorporated in the preamble of the Constitution of India by which Amendment?

a. 41st Amendment

b. 42nd Amendment

c. 43rd Amendment

d. 44th Amendment

45. Electronics records produced before ' the court are:

a. oral evidence

b. documentary evidence

c. ordinary evidence

d. technical evidence

46. Section 22 of Bhartiya Nyaya Sanhita, 2023 is based on the:

a. Proximity Rule

b. Rule of Common Intention

c. McNaughten Rule

d. Doctrine of Transferred Malice

47. Leading questions can be asked during

a. examination-in-chief

b. cross-examination

c. re-examination

d. all of the above

48. 'Carry forward' rule was held to be 'ultra vires’ in the case of-

a. Devdasan v. Union of India

b. B.N. Timri v. State of Mysore

c. State of Kerala v. N.M. Thomas

d. Balaji v. State of Mysore

49. The man who has disappeared and remained unheard of for seven years by those who would have naturally heard of him, if he was alive; the presumption then arises that he is dead. What shall be the presumption as to time of death of such person?

a. The presumption is that the man died on the date seven years after he was last heard

b. The presumption is that the man died at the beginning of the particular period during these seven years

c. Those who allege that the death should be taken to have occurred at a particular time, will have to prove that fact

d. The presumption is that the man died on the date of judicial pronouncement

50. A, an officer of a court of justice, being ordered by that court to arrest V, and after due enquiry, believing Z to be Y arrests Z. A is guilty of:

a. Wrongful confinement

b. No offence

c. Criminal negligence

d. Wrongful restraint

51. What punishment may be awarded to the person whose act is covered under general exceptions?

a. No punishment

b. Half of the punishment prescribed for that offence

c. One fourth of the punishment prescribed for that offence

d. Depends upon discretion of the court

52. A carbon copy of the injury report prepared by a Doctor by one uniform process by which the original was prepared may be admitted as

a. secondary evidence

b. primary evidence

c. direct evidence

d. circumstantial evidence

53. Private alienation of property after attachment of the same is—

a. Voidable at the option of the decree holder

b. Voidable at the option of the judgement debtor

c. Void ab initio

d. Void as against all claims enforceable under the attachment

54. According to the Constitution of India, Uniform Civil Code is

a. a fundamental right

b. a statutory right

c. a directive principle of state policy

d. a state subject

55. The freedom of Press in India is : —

a. available to the people under the laws of the Parliament

b. specifically provided in the Constitution of India

c. implied in the right of freedom of expression

d. available to the people under executive orders

56. Which of the following is not correct for relevancy of evidence to prove conspiracy?

a. There must be reasonable ground to believe that two or more persons have entered into a conspiracy

b. The act in question must have been done after the time when the intention to conspire was first entertained by any of them.

c. The act must have been done in reference to their common intention

d. It can also be used in favour of the other party or for the purpose of showing that such a person was not a party to the conspiracy

57. That a petition dismissed under Article 226 would operate as res judicata so as to bar a similar petition in the Supreme Court under Article 32 of the Constitution was held in the case of;

a. Daryao v. State of U.P.

b. Arjun Singh v. State of M.P.

c. Sudhir Chandra v. State of W.B.

d. None of the above

58. Under which section of BNSS a Police Officer can arrest a person without an order from a Magistrate and without warrant?

a. Section 42

b. Section 40

c. Section 51

d. Section 35

59. Offences of BNS other than mentioned in Section 359 of Bhartiya Nagarik Suraksha Sanhita, 2023 are:

a. not compoundable

b. compoundable with the permission of court

c. compoundable by the Court of Sessions

d. compoundable by the High Court

60. For the admissibility of a dying declaration, it is not necessary that the statement:

a. relates to cause of death

b. the person making the statement must be under expectation of death

c. the person making the statement must be competent

d. the statement must be complete.

61. The solemn resolution in the Preamble of our Constitution is made in the name of: —

a. Constituent Assembly of Free India

b. Constitution of India

c. Indian Independence Act

d. People of India

62. No person shall be appointed as a Public Prosecutor for the District unless his name appears in the panel of names prepared by-

a. Sessions Judge

b. High Court

c. District Magistrate

d. Superintendent of Police

63. P, with the intention of committing theft entered the house of Q. Q. on seeing him entering, struck him with a lathi and P fell down unconscious. Thereafter, Q gave him another blow of lathi at his head which caused his death. On being prosecuted for murder, Q took the plea of private defence. Which of the following argument is valid?

a. Since Q was acting in the exercise of right of private defence of his property, he had taken a valid defence

b. Since in the defence of one's property one cannot cause death of the intruder, Q has no defence

c. Q has used excessive force as once P fell unconscious; there was no need for the second blow. Hence, Q's plea of right of private defence will not succeed

d. If P committed house breaking in the night, Q has the right to cause death in the defence of his property, and thus Q's plea should prevail

64. The contents of documents may be proved by:

a. direct evidence only

b. indirect evidence only

c. direct evidence & indirect evidence

d. none of the above

65. A person is presumed to be alive if it is shown that he was alive within years.

a. Fourteen

b. Twenty

c. Seven

d. Thirty

66. Under section 18, the exception of accident is available when an offence is committed while

a. Doing a lawful act in a lawful manner by lawful means.

b. Doing a lawful act in any manner by any means.

c. Doing a lawful act in a lawful manner by any means.

d. All of the above.

67. Section 20 of Bharatiya Nyaya Sanhita, 2023 provides that nothing is an offence which is done by a child under the age of:

a. Seven years

b. Ten years

c. Fourteen years

d. None of the above

68. For abetment

a. It is necessary that the act abetted should be committed successfully

b. It is necessary that the act abetted should be committed though unsuccessfully

c. It is not necessary that the act abetted should be committed

d. Both (a) & (b)

69. X instigates Y to murder Z, Y in pursuance of the instigation stabs Z. Z recovers from the wound. Which one of the following is the liability of X?

a. Since essentials to constitute an offence of abetment are not fulfilled, X is not guilty of instigating to commit murder

b. Z is alive and hence X is not guilty of instigating to commit murder

c. X is guilty of instigating Y to commit murder even if Z recovers and does not die

d. Since death of Z does not ensure, the criminal liability, if any, will be that of only Y

70. 'Diarchy' was established in India by which of the following?

a. The Indian Council Act, 1909

b. The Government of India Act, 1935

c. The Government of India Act, 1919

d. None of the above

71. A village Vaidya used to successfully operate wounds with shaving blade. Victim who was suffering from piles was operated with shaving blade by the Vaidya. Due to profound bleeding, the victim died and the Vaidya was prosecuted for causing death of the victim. If you are a defense lawyer under which of the following sections of Bhartiya Nyaya Sanhita, 2023 you can defend the Vaidya.

a. Section 25

b. Section 26

c. Section 30

d. None of the above

72. Which one of the following case is related to anticipatory bail?

a. State of Haryana v. ]ai Singh

b. Gajanand Agarwal v. State of Orissa

c. Kalyan Chandra Sarkar v. Rajesh Ranjan

d. Joginder alias Jindi v. State of Haryana

73. If on the carbon copies of a letter written on a typewriter, signature have been put on the first letter then other copies:

a. Will also be primary evidence

b. Will be secondary evidence.

c. Will be no evidence.

d. None of the above.

74. Under Chapter XXII of BNSS while adopting summary trial maximum punishment cannot be passed more than—

a. Two months

b. Three months

c. Four months

d. One month

75. The doctrine of eclipse applies to: —

a. Only to pre-constitutional laws

b. To post-constitutional laws but only in respect of non-citizens

c. To post-constitutional laws but only in respect of citizens.

d. To all laws-pre-constitutional as well as post constitutional

76. If an accused at one trial is convicted of and punished with imprisonment in two offences, under section 25 of Bhartiya Nagarik Suraksha Sanhita, 2023 the imprisonments in the absence of any specific direction of the court, will run:

a. Consecutively

b. Concurrently

c. Consecutively as per direction of Jail Authorities

d. Concurrently as per direction of Jail Authorities

e. None of these

77. The case of Mahmood Shah v. Emperor was decide by which one of the following Courts?

a. Federal Court

b. Supreme Court

c. Privy Council

d. House of Lords

78. 'X' with intention of murdering 'Z', instigates 'Y, a child below 7 years, to do an act which causes 'Z's death. 'Y in the absence of 'X' in consequence of abetment does the act and thereby causes 'Z's death. Now

a. 'Y' is liable for murder and 'X' is liable for abetment

b. 'Y' is not liable for murder being legally incapable, but 'X' is liable for abetment

c. 'X' and 'Y' both are liable for murder

d. 'X' and 'Y' both liable for criminal conspiracy to murder of 'Z‘.

79. In re Berubari case the Supreme Court held that: —

a. Rule of law is not a part of Constitution

b. Rule of law is a part of Constitution

c. Preamble is not a part of Constitution

d. Preamble is a part of Constitution

80. There shall be no appeal by a convicted person where a Magistrate of the first class passes only a sentence of fine not exceeding—

a. One hundred

b. Two hundred

c. Three hundred

d. Two hundred and fifty rupees.

81. Place of institution of suit in respect of immovable property, situated within the jurisdiction of different courts, has been provided

a. under Section 17 of CPC

b. under Section 18 of CPC

c. under Section 19 of CPC

d. under Section 20 of CPC

82. Under Order IV Rule 1, sub rule (1) of CPC, a suit is instituted when:

a. A copy of plaint is presented to the court

b. A plaint in duplicate is presented to the court

c. A plaint in triplicate is presented to the court

d. The court taken the plaint in consideration

83. The Supreme Court of India formulated the doctrine of eclipse in: —

a. Bhikaji Narain v. State of Madhya Pradesh

b. Bashesharnath v. Income Tax Commissioner

c. State of West Bengal v. Anwar Ali Sarkar

d. Maneka Gandhi v. Union of India

84. On being submitted the sentence of death by Court of Sessions, the High Court may

a. confirm the sentence

b. annul the conviction

c. may pass any other sentence warranted by law

d. all of the above

85. What are the 4 objectives mentioned in the pre¬amble of the Indian Constitution?

a. Justice, liberty, equality and fraternity

b. Social, secular, democratic and republic

c. Liberty, equality, fraternity and secular

d. Justice, liberty, federal and democratic

86. Which one of the following is not covered under Article 20 of the Constitution of India?

a. ex post facto laws

b. Preventive detention

c. Double jeopardy

d. Self-incrimination

87. Right to information is essential part of Article: —

a. 19(l)(a)

b. 21

c. 19(l)(g)

d. None of these

88. According to the Constitution of India which among the following is empowered to establish the new States?

a. President

b. Parliament

c. Supreme Court

d. Cabinet

89. Discharge of offender on submission of apology is covered under Section…...... of the Bhartiya Nagarik Suraksha Sanhita.

a. 339

b. 458

c. 388

d. 387

90. ‘A' and 'B' are jointly tried for the murder of ‘C. It is proved that ‘A’ said, "B and I murdered C" What is the nature of confession against 'B'?

a. Substantive evidence

b. Only corroborate evidence

c. Hearsay evidence

d. None of these

91. Consider the following statements:

To constitute abetment it is

1. Necessary that the act abetted must be committed.

2. Not necessary that the act abetted must be committed.

3. Necessary that the person abetted must have the same intention or knowledge as that of the abettor.

Which of the statement given above represent(s) the correct position of law?

a. 2 only

b. 2 and 3

c. 1 only

d. 3 only

92. Under BSA questions relating to a matter not relevant to the suit or proceedings may be asked under

a. Section 146

b. Section 147

c. Section 151

d. Such questions cannot be asked

93. In case of an offence punishable with fine only, imprisonment for non¬payment of fine………….

a. Has to be rigorous

b. Has to be simple

c. Can be rigorous or simple

d. Can be partly rigorous and partly simple

94. 'X' and ‘Y agreed to commit murder of ‘Z' by poisoning and ‘Y was to procure poison, but he did not procure it. 'X' and 'Y are guilty of:

a. Abetment of murder by conspiracy

b. Attempt to murder with the aid of Section 3(5)

c. No offence

d. Criminal conspiracy to murder, Z

95. ‘Public Interest Litigation’ is filed in: —

a. Subordinate Courts

b. High Court or Supreme Court

c. Only Supreme Court

d. Central Administrative Tribunal

96. A hires lodgings of B and gives a card on which is written "Rooms Rs. 200 a month" A tenders oral evidence to prove a verbal agreement that these terms were to include partial board. The evidence is:

a. Inadmissible under section 94 of the BSA.

b. Inadmissible under section 95 of the BSA

c. Admissible

d. Irrelevant

97. Is 'irresistible impulse' a defence?

a. In India

b. In England

c. Both in India and England

d. Neither in India nor in England

98. Making the fact in issue is: —

a. it is the duty of parties

b. it is the duty of advocates of parties